Misleading Advertising

The Consumer Affairs (Amendment) Act provides that any form of misleading advertising is prohibited. Any person who makes a misleading advertisement is guilty of an offence. Furthermore, the Act has given consumer associations the right to challenge misleading adverts and the local competent authorities can prohibit the issuance of misleading adverts or order their removal.

An advertisement is misleading if in any way, including its presentation, it deceives or is likely to deceive the persons to whom it is addressed or whom it reaches, and if by reason of its deceptive nature, it is likely to affect their economic behaviour or is one which for those reasons, injures or is likely to injure a competitor of the person whose interests the advertisement seeks to promote. In determining whether an advertisement is misleading account shall be taken of all its features, and in particular of any information it may have about:

(a) the characteristics of goods or services, including their availability, nature, execution, composition, method and date of manufacture or provision, fitness for purpose, uses, quantity, specification, geographical or commercial origin or the results to be expected from their use, or the results and material features of tests or checks carried out on the goods or services;

(b) the price or the manner in which the price is calculated, and the conditions on which the goods are supplied or the services provided;

(c) the nature, attributes and rights of the advertiser, including his identity and assets, his qualifications and ownership of industrial, commercial or intellectual property rights or any awards and distinctions made to him.

CDF Advocates can help you in vetting your adverts against legal requirements and avoid criminal liability and the expense of having to reissue an offending advert or deal with consumer associations.

Contact us today to discuss how we can assist you further.

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